Question 1

Draft an international treaty pertaining to jurisdiction with respect to companies doing business utilizing the Internet.

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Question 2

Gertrude Clodfelter,an 80 year old resident of North Dakota,recently filed a lawsuit in Florida against Islander Cruise Company,a Florida corporation,seeking damages as a result of a fall she suffered in the shower during a cruise to the Bahamas.The language in Ms.Clodfelter's ticket provided that "Any and all claims arising from injuries occurring during a cruise shall be filed in and shall be determined pursuant to the laws of the registry of the ship upon which the injury occurred." This language was located in very fine print in Paragraph 66 of Ms.Clodfelter's cruise ticket.The ship upon which Ms.Clodfleter was injured is registered in Panama.Furthermore,at the time of Ms.Clodfelter's purchase of her ticket,a sales agent employed by the cruise line told her:
 "Don't worry - we're a reputable company,easy to find and located right here in the United States." Finally,Florida has several statutes protecting senior citizens from commercial exploitation.Please explain the provisions of Ms.Clodfelter's ticket.Is this language enforceable? Why or why not?

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Question 3

Outline an on-line Dispute Resolution procedure or body to handle international e-commerce disputes.

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Question 4

Many European countries refuse to enforce choice of law or jurisdiction clauses in consumer agreements,while U.S.courts typically enforce these.Consider the reasons and ramifications of these different approaches.

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Question 5

Consider the benefits and detriments of ADR in international disputes.(Consider the effect of the process on the parties.)

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Question 6

Write a position paper advocating that jurisdictional choice of law clauses should not be enforced in international transactions.

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Question 7

Write a position paper advocating that jurisdictional choice of law clauses should be enforced in international transactions.

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Question 8

In what ways do forum selection and choice of law clauses serve similar interests? In what ways do they serve different or unrelated interests?

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Question 9

Weigh the relative merits of using ADR and domestic courts in international disputes.

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Question 10

The Blowout Company is a German corporation and manufacturer of the California Custom tire,a tire that is compatible with Harley Davidson motorcycles manufactured in the United States.Tofu Granola,a resident of Santa Cruz,California,purchased a pair of California Custom tires for his Harley.Granola purchased the tires from Goodstone Tires,Inc.,a California corporation,at its store in Half Moon Bay,California.The Blowout Company and Goodstone provided assistance to their customers through maintenance of a toll-free hotline.Granola subsequently suffered severe injuries in an accident caused by the separation of the tread on the front tire of his Harley.If Granola files a lawsuit against Blowout in California state court,does such court have personal jurisdiction over Blowout? Why or why not?

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Question 11

Compare and contrast the breach day,judgment day,and pay day rules.

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Question 12

Craft an argument advocating for or against the creation of an international tribunal to address international commercial disputes between individuals.

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Quiz 3: Resolving International Commercial Disputes